Fair Cardholder Agreement

IMPORTANT ‐ PLEASE READ CAREFULLY

FOR QUESTIONS OR ASSISTANCE, PLEASE CALL THE CUSTOMER SERVICE TOLL‐FREE
NUMBER 844-333-3107 PRINTED ON THE BACK OF YOUR FAIR MASTERCARD® DEBIT CARD.

INTRODUCTION

Terms and Conditions/Definitions for the Fair MasterCard® Debit Card

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Fair MasterCard® Debit Card has been issued by Coastal Community Bank (“COASTAL”). “Card Account” means the records we maintain to account for the transactions made with your Card. “Account Number” means the 17‐digit number used to identify your Card Account. “Card” means the Fair MasterCard® Debit Card issued to you by COASTAL. “Card Number” is the 16‐digit number embossed on the front of your Card. “Issuer,” “we,” “us,” and “our” means Coastal Community Bank, Member FDIC. “You,” “your,” “Cardholder,” and “Primary Cardholder,” refers to the person who submits an initial request for the Card and is authorized to use the Card as provided for in this Agreement. “Secondary Cardholder” refers to the person who has received the Card at the request of the Primary Cardholder and is authorized to use the Card as provided for in this Agreement. In order to become a Cardholder, you must be an individual who can lawfully enter into and form contracts under applicable law in the state in which you reside. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so that the singular includes the plural, and the plural includes the singular.

You acknowledge and agree that the value available in your Card Account is limited to the funds that you have loaded into your Card Account or have been loaded into your Card Account on your behalf. By accepting and using your Card, you agree to be bound by the terms and conditions contained in this Agreement. You and any Secondary Cardholder agree to sign the back of each respective Card(s) immediately upon receipt.

The expiration date of your Card is identified on the front of the Card. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. The Card is not for resale. You are the direct beneficiary of the funds loaded to your Card Account. The funds in your Card Account will be FDIC insured upon receipt by the Issuer, provided your Card is registered with us (for more information, see section labeled “Activation/Registration”). You will not receive any interest on your funds in your Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account, except as may otherwise be indicated in any other account agreements you have entered into with us.

Write down your Card Number and the Customer Service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

OPENING A CARD ACCOUNT (IDENTIFICATION VERIFICATION)

The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account.

What this means for you: When you open a Card Account, we will ask for your name, street address, date of birth, and other information that will allow us to reasonably identify you, including, but not limited to, your social security number or other tax identification number. We may also ask to see your driver’s license or other identifying documents at any time. The same identification verification requirements apply to any Secondary Cardholder if you designate one.

BUSINESS DAYS

Our business days are Monday through Friday, excluding federal holidays (“Business Days”), even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

ADDRESS OR NAME CHANGES

You are responsible for notifying us of any change in your physical address, mailing address, e‐mail address, text message address, or your name, no later than two (2) weeks after said change becomes effective. Any notice of change of address or name required by this Agreement may be provided to us via e‐mail at [email protected], by telephone at 844-333-3107, or by mail to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

AUTHORIZED USERS

You are responsible for all authorized transactions initiated and fees incurred by use of your Card Account. If you permit another person to have access to your Card, Card Number, or Personal Identification Number (“PIN”), we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card, Card Number, or PIN. If you notify us to cancel another person’s use of your Card, Card Number, or PIN, we may close your Card Account and issue a new Card to you with a different number. You are wholly responsible for the use of the Card Account according to the terms and conditions of this Agreement.

SECONDARY CARDHOLDER

You may request an additional Card for a Secondary Cardholder. The maximum number of such additional Cards is one (1). You must notify us to revoke permission for any Secondary Cardholder you previously authorized to use the Card. If you notify us to revoke the Secondary Cardholder’s use of the Card, we may close your Card Account and issue a new Card to you with a different number. You remain liable for any and all use of any additional Card(s) you authorize.

ACTIVATION/REGISTRATION

Both the Primary Cardholder and Secondary Cardholder must activate and register a Card before it can be used. Your Card Account may not have full functionality (e.g., no international transactions and no Account‐to‐Account transfers), nor will you be able to access Card Account funds exceeding the dollar value established by either federal regulations and/or the Issuer (the “Excess Funds”) or reload your Card Account until your Card has been successfully registered. You may activate and register your Card by calling 844-333-3107 or by visiting www.bankwithfair.com. You will need to provide personal information in order for us to verify your identity and the identity of any Secondary Cardholder. If we cannot successfully complete the activation/registration process, you will be entitled to receipt of any Excess Funds remaining in the Card Account by way of a Check Refund, for which the fee, disclosed in the section labeled, “Fee Schedule,” will be waived. We may, from time‐to‐time offer other no‐cost methods through which Excess Funds can be made available to you.

PERSONAL IDENTIFICATION NUMBER

You will not receive a PIN with your Card Account; however, you will receive a PIN once you have registered your Card with your personal information. Only one (1) PIN will be issued for each Card Account. Your PIN can be used to obtain cash (see section labeled “Cash Access”) or to make purchases at any Point‐of‐Sale (“POS”) device that bears the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, including a Secondary Cardholder, you should advise us immediately by following the procedures described in the section labeled “Your Liability for Unauthorized Transfers.”

To register your Card, see the section labeled “Activation/Registration.”

CASH ACCESS

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any POS device, as permissible by a Merchant, bearing the MasterCard®, Maestro®, Cirrus®, or PULSE® acceptance mark. ATM transactions are treated as cash withdrawal transactions. Any cash withdrawn from an ATM terminal, POS device or through a participating bank or Issuer-approved Reload Network location (a “Teller Cash Withdrawal”) will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”). ATM withdrawals may also be subject to varying daily limits at the ATM owner’s discretion. A fee may be associated with the use of your Card to obtain cash. For information about the fee, see the section labeled “Fee Schedule.” Please be aware that the ATM owner or operator, Merchant, or Reload Network may charge a fee (often referred to as a “Surcharge Fee”) IN ADDITION to any fee that we charge for cash access.

LOADING YOUR CARD ACCOUNT

You may add funds to your Card Account, called “value loading.” Your initial value load must be at least $10.00. The minimum dollar value of any subsequent value loads will be subject to the terms established by the individual reload location (see (a) in the following paragraph). Please refer to the section labeled “Using Your Card/Limitations” for applicable limits on the number of times you can value load your Card Account and limits to the amount that can be loaded to your Card Account. The calculation of these limits may take into consideration all similar transactions made with any other Card Account(s) you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder.

You may value load your Card Account: (a) using in‐store cash value load transactions conducted through any member of the Fair Reload Network (see below in this section for more information about the network); (b) by arranging to have all or a portion of your paycheck, government benefits payment, tax refund check, or other electronic funds transfer direct deposited to your Card Account using the Automated Clearing House (“ACH”) system (“Direct Deposit” or “ACH Deposit”). In order to receive Direct Deposit value loads, you must provide each of your payment providers with the Issuer’s routing number and your assigned Account Number (see below for details about routing information); and (c) by arranging for the transfer of funds originating from: (i) another Cardholder; and/or (ii) another Card Account. There may be fees associated with these methods of value loading. For information about the fees, see the section labeled “Fee Schedule.”

Personal checks, cashiers’ checks, and money orders sent to the Issuer are not acceptable forms of value loading. All checks and money orders sent to the Issuer for Card Account loading will be returned unless your Card Account has a negative balance at the time such check or money order is received, in which case the Issuer may in its discretion choose to apply the check or money order proceeds to the negative balance owed.

A Fair Reload Network Location Finder service is available by visiting www.bankwithfair.com or by calling 844-333-3107. There may be a fee associated with calling Customer Service. For information about the fee, see the section labeled “Fee Schedule.”

Loading your Card Account will be subject to the limitations set forth in the section below labeled “Using Your Card /Limitations”)

USING YOUR CARD/LIMITATIONS

Card Account Access: Subject to the limitations set forth in this Agreement, you may use your Card to (1) withdraw cash from your Card Account (see section labeled “Cash Access”); (2) load funds to your Card Account (see section labeled “Loading Your Card Account”); (3) transfer funds between your Card Accounts; (4) transfer funds from your Card Account to another Fair cardholder account; (5) purchase or lease goods or services wherever MasterCard debit cards are accepted, and (6) pay bills directly from your Card Account in the amounts and on the days you request subject to the limits established within this Agreement. Some of these services may not be available at all terminals. There may be fees associated with some of these transactions. For information about the fees, see the section labeled “Fee Schedule.”

Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card.

Limitations on Use: (1) When using a registered Card, we may place restrictions on the number of times you may use your card and the maximum value of any transaction or collective transactions. (2) We may determine any maximum values by aggregating the activity and value of all Card Accounts you may have with us, whether you are a Primary Cardholder or a Secondary Cardholder. Please refer to the table below for the limitations on use of a registered Card. We reserve the right to amend these limits from time to time at our sole discretion or subject to law.

VIEW: Card-Based Limits & Transaction-Based Limits (PDF)

Additional limits may apply. Please call us at 844-333-3107 if you have any questions about these limitations on use.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You may not exceed the available amount in your Card Account through an individual transaction or a series of transactions. If any transaction(s) exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction(s) and any applicable transaction fee(s). You agree to pay us promptly for the negative balance. If you have not added sufficient funds to your Card Account to cover the negative balance within sixty (60) days of its creation, we will have the right to cancel your Card Account and pursue collection against you, including the right to collect funds, equal to or less than the negative balance, from any other Card Account(s) you may have with us. In all instances described above, loads to your Card Account may be made via Direct Deposit or any of the other load methods described in this Agreement.

If you do not have enough funds available in your Card Account, you can instruct the Merchant to charge part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some Merchants do not allow cardholders to conduct split transactions. If you wish to conduct a split transaction and the Merchant permits it, you must tell the Merchant to charge only the exact amount of funds available in your Card Account to the Card. You must then arrange to pay the difference using another payment method. Some Merchants may require payment for the remaining balance in cash. If you fail to inform the Merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the Merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the Merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorized amount will result in the placement of a “hold” on your available funds until the Merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. If we do not receive the final payment amount, the preauthorized amount on hold will typically remain in place for thirty (30) days. During a hold period, you will not have access to the preauthorized amount.

If you use your Card Number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.

You may not use your Card Number or the Issuer’s routing number and your assigned Account Number in connection with the creation and/or negotiation of any financial instruments such as checks, which we have not authorized.

Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card, except as otherwise permitted in this Agreement. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold (see the section labeled “Returns and Refunds,” in addition to previous information addressed in this section).

PREAUTHORIZED DEBITS AND CREDITS

Your assigned Account Number and the Issuer’s bank routing number can be used for arranging both direct deposits and recurring payments to merchants, internet service or other utility providers (“Merchants”). You may also arrange for recurring payments to Merchants using your Card Number or the bill pay services made available through our third-party service providers.

If you have arranged to have Direct Deposits made to your Card Account at least once every sixty (60) days from the same person or company, you can call us at 844-333-3107 to find out whether or not the deposit has been made. There may be a fee associated with calling Customer Service. For information about the fee, see the section labeled “Fee Schedule.”

Right to Stop Payment and stop payment Procedures.

To stop a recurring payment to a Merchant you have preauthorized to debit your Card Account, you must first contact the Merchant to request the recurring payment be cancelled. If you have arranged for recurring payments to a Merchant using the bill pay services available through our third-party service providers, you should first contact the applicable third-party service provider to cancel the recurring payment.

If the Merchant or bill payment service provider with whom you have arranged recurring payments from your Card Account is unable or unwilling to stop your payment, you can call us at 844-333-3107 or write us at: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 to request a stop on such payment. We must receive your request at least three (3) Business Days before the payment is scheduled to be made. Such a stop payment request will cancel a single, i.e., one (1), recurring payment. If you want to permanently stop all recurring payments to a specific Merchant, then we require you to put your request in writing and get it to us within fourteen (14) days after you tell us you want to stop such payments. There is a fee associated with each stop payment order you give. For information about the fee, see the section labeled “Fee Schedule.”

Notice of Varying Amounts

If the recurring payments you make might vary in amount, the person you are going to pay will tell you the payment date and the amount of the payment ten (10) days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a preauthorized payment at least three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses.

FRAUDULENT OR CRIMINAL CARD ACCOUNT OR VIRTUAL ACCOUNT ACTIVITY

We reserve the right to block or cancel your Card Account if, as a result of our policies and processes we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity that is inconsistent with this Agreement. We will incur no liability to you because of the unavailability of the funds that may be associated with your Card Account.

RETURNS AND REFUNDS

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds and agree to the refund policy of that Merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the Merchant, you must attempt to handle it directly with the Merchant. There may be a delay of up to five (5) Business Days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card Account.

CARD REPLACEMENT

If you need to replace your Card for any reason, please contact us at 844-333-3107 to request a replacement Card. You will be required to provide personal information which may include your Card Number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card. For information about the fee, see the section labeled “Fee Schedule.”

TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES

  1. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued, the amount deducted from your funds will be converted by MasterCard International, Inc. (“MasterCard”) into an amount in the currency of your Card Account. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard itself receives or the government‐mandated rate in effect for the applicable central processing date. This percentage amount is independent of any amount taken by the Issuer in accordance with this Agreement, and,
  2. If you obtain funds or make a purchase in a currency other than the currency in which your Card Account was issued or conduct a transaction with a Merchant located outside the U.S., Puerto Rico, the U. S. Virgin Islands, Guam, or the Marianas Islands, the Issuer will deduct a 3.5% foreign transaction fee (“Foreign Transaction Fee”) based on the amount of the transaction, in the currency of your Card Account. The Issuer will retain this fee as compensation for its services.
RECEIPTS

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

CARD ACCOUNT BALANCE/PERIODIC STATEMENTS

You are responsible for keeping track of the available balance in your Card Account. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may determine your available balance by accessing your Card Account online at www.bankwithfair.com; by enrolling in the SMS text alerts service (carrier fees and rates may apply); or by calling 844-333-3107 (There will be a fee for this call. For information about the fee, see the section labeled “Fee Schedule.”). A sixty (60) day history of account transactions is available free of charge at www.Fair.com. Statements in electronic format will also be made available free of charge at www.bankwithfair.com for each month in which a transaction occurs. You will not automatically receive paper statements. You have the right to obtain a sixty (60) day written history of account transactions by calling 844-333-3107, or by writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. There is a fee for obtaining a written history. For information about each of the fees described in this section, see the section labeled “Fee Schedule.”

CONFIDENTIALITY

We may disclose information to third parties about your Card Account or the transactions you make:

  1. Where it is necessary for completing transactions.
  2. In order to verify the existence and condition of your Card for a third party, such as a Merchant.
  3. In order to comply with government agency or court orders, or other legal reporting requirements.
  4. If you give us your written permission; or
  5. To our employees, auditors, affiliates, service providers, or attorneys, as needed.
OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not properly complete a transaction to or from your Card Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses. However, there are some exceptions. We will not be liable, for instance:

  1. If through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction.
  2. If a Merchant refuses to accept your Card.
  3. If an ATM where you are making a cash withdrawal does not have enough cash.
  4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction.
  5. If access to your Card Account has been blocked after you reported your Card or PIN lost or stolen.
  6. If there is a hold on your funds or your funds are subject to legal process or other encumbrance restricting their use.
  7. If we have reason to believe the requested transaction is unauthorized.
  8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
  9. Any other exception stated in our Agreement with you.
INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS

In case of errors or questions about your Card Account, call us at 844-333-3107, write to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074 or email us at [email protected] as soon as possible if you think an error has occurred in your Card Account. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 844-333-3107 or writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074.

You will need to tell us:

  1. Your name and Card Number.
  2. Why you believe there is an error, and the dollar amount involved; and
  3. Approximately when the error took place.

If you report the error to us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days of your oral notification.

We will attempt to determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty‐five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card Account within ten (10) Business Days for the amount you think is in error, -, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Card Account and may close our investigation.

For errors involving new Card Accounts, POS transactions, or foreign‐initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card Accounts, we may take up to twenty (20) Business Days to credit your Card Account for the amount you think is in error.

We will tell you the results within three (3) Business Days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error‐resolution procedures, call us at 844-333-3107 or visit www.bankwithfair.com.

LOST OR STOLEN CARDS/UNAUTHORIZED TRANSFERS

If you believe your Card or PIN has been lost or stolen, call 844-333-3107 or write to: Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. You should also call the number or write to the address shown here if you believe an electronic fund transfer has been made using the information from your Card or PIN without your permission.

Your Liability for Unauthorized Transfers

Contact us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission. Calling us at 844-333-3107 is the best way to minimize your possible losses. You could lose all the money in your Card Account.

Under MasterCard Rules, your liability for unauthorized MasterCard debit transactions on your Card Account is $0.00 if you notify us within two (2) Business Days and you are not grossly negligent or fraudulent in the handling of your Card or PIN. This reduced liability does not apply to PIN transactions not processed by MasterCard or ATM cash withdrawals.

If you notify us within two (2) Business Days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50.00 if someone used your Card or PIN without your permission. If you do NOT notify us within two (2) Business Days after you learn of the loss or theft of your Card or PIN and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had promptly notified us, you could lose as much as $500.00. If your Card or PIN has been lost or stolen, we will deactivate your Card and issue you a new Card to reduce potential losses.

Also, if you become aware of and/or your electronic history shows transactions that you did not make, including those made by your Card or other means, notify us at once following the procedures stated in the section labeled “Information About Your Right to Dispute Errors” appearing above. If you do not tell us within 60 days of the earlier of the date you electronically access your account, if the unauthorized transaction could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods for a reasonable period.

THIRD PARTY PROVIDERS

We may have arranged for third party providers to provide products or services to you in connection with your Card (“Third Party Providers”). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third-Party Providers and may be subject to additional requirements of the Third-Party Provider. By agreeing to this Agreement or continuing to use such services, you hereby agree to any Third-Party Provider terms that apply to your use of such products and services in connection with the Card, which may be updated from time to time. For avoidance of doubt, these Third-Party Provider terms are between you and the applicable Third-Party Provider, not us.

MISCELLANEOUS

Your Card Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other network, or association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Texas except to the extent governed by federal law.

English Language Controls

Any translation of this Agreement is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English language version. The English language version of this Agreement shall govern in the event of any conflict in meaning or translation into any other language.

AMENDMENT AND CANCELLATION

We may (a) amend or change the terms and conditions of this Agreement or (b) cancel or suspend your Card Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card (if applicable) to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event your Card Account is cancelled, closed, or terminated for any reason, so long as you used your Card Account in accordance with the terms of this Agreement, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. Unless you are eligible for receipt of “Excess Funds,” as described in the section labeled, “Activation/Registration,” there is a fee for this service. For information about the fee, see the section labeled “Fee Schedule.” The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Unclaimed Property

If we are unable to contact you and have no record of your use of the Card for one or more years, applicable law may require us to report any funds in your Card Account as unclaimed property. If this occurs, we may attempt to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges including, but not limited to a fee to close your Card Account and send a check to the applicable state from such unclaimed funds, as permitted by applicable law. We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by state law.

DELIVERY OF ELECTRONIC COMMUNICATIONS-E-SIGN CONSENT DISCLOSURE

In order to electronically review and retrieve the documents related to your account(s) with Fair and delivered to you in connection with this request for consent (Documents), you will first need to review and accept this consent form.

With your consent, Fair can deliver the Documents and other disclosures and contracts related to your account(s) to you by displaying or delivering them electronically and requesting that you print or download them and retain them for your records.

This notice contains important information that you are entitled to receive before you consent to electronic records and electronic signatures in connection with your account(s) at Fair. Please read this notice carefully and print or download a copy for your files.

1. Scope of Communications to Be Provided in Electronic Form. When you activate and use your Card or use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services.
  • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement.
  • Privacy policies and notices.
  • Error Resolution policies and notices.
  • Responses to claims filed in connection with your Card Account.
  • Any annual notices or disclosures; and
  • Notices regarding insufficient funds or negative balances.

2. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e‐mail (if you have elected to receive e‐mail messages from us), (2) by access to a web site that we will designate in an e‐mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to the Fair website.

Access Requirements. In order to access the Documents electronically, you must have:

  • A computer or mobile device with an internet connection
  • The ability to view and retain Portable Document Format (PDF) files
  • An email address
  • Either a printer, hard drive, or other storage device

Fair supports Windows 7 or higher, Mac OS 10.9 or higher, Internet Explore 11 and higher, Firefox 51 and higher, Chrome 56 and higher, Edge (Windows 10 and higher), Safari 10 and higher, a browser that supports TLS version 1.2 or higher.  Minimum requires for using Mobile Banking are iOS 12.4 or higher and Android 6.0 or higher.  You will also need access to the internet using the default browser(s) included by your mobile device manufacturer or the latest Fair Fintech, Inc. Mobile Banking app compatible with your device.  PDF content on our site required Adobe Reader 6.0 or later.  

Note: “Financial Institutions must provide consumers with a statement detailing the hardware and software requirements to access and retain electronic records.”

3. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 844-333-3107 or visiting the www.bankwithfair.com website. If you do withdraw your consent, we will send subsequent Communications to you in writing to the most current e-mail or mailing address we have for you in our records. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

4. How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e‐mail address (if you have elected to receive e‐mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your mailing or e‐mail address) by contacting us at 844-333-3107. For your protection, we may ask you to provide information to identify yourself to ensure that an unauthorized person is not attempting to update your account.

5. Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 844-333-3107 or writing to us at Fair, 10101 Southwest Freeway, Suite 570, Houston, TX 77074. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the Fee Schedule for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

6. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

CUSTOMER SERVICE

For customer service or additional information regarding your Card Account, please contact us at:

Fair
10101 Southwest Freeway, Suite 570
Houston, TX 77074
844-333-3107

Customer Service agents are available to answer your calls 24 hours per day, 7 days per week, excluding holidays.

Card Account balance inquiries made by telephone are subject to a fee. For information about the fee, see the section labeled “Fee Schedule.”

TELEPHONE MONITORING/RECORDING

From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

NO WARRANTY REGARDING GOODS AND SERVICES

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or Virtual Account.

ARBITRATION

Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions: As used in this Arbitration Provision the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card Account or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, crossclaims and third‐party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law, and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card Account; (ii) the amount of available funds in your Card Account; (iii) advertisements, promotions or oral or written statements related to your Card Account, or goods or services purchased with your Card; (iv) the benefits and services related to your Card Account; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Issuer, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors, and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Card Accounts (including, but not limited to merchants who accept the Card or Virtual Account, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co‐party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows:

(i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; or (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

Significance of Arbitration

IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to the mailing address we have in our records and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1‐16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three‐arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three‐arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

Continuation: This Arbitration Provision shall survive termination of your Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement, or any prior agreements you may have had with us, each of which shall be enforceable regardless of such invalidity.

FEE SCHEDULE

All fees will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance in your Card Account, except where prohibited by law. Any time your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount.

Refund Policy: The Card Purchase Fee, if applicable, is not refundable. Please call Customer Service at 844-333-3107with questions about our refund policy or any fees.

Refunds are at par.

VIEW: Fee Descriptions (PDF)

Tip to avoid ATM fees: Select “DEBIT” and enter your PIN to get cash back when making purchases at many retailers, such as grocery stores.

This Cardholder Agreement is effective March 22, 2021.

This Card is issued by Coastal Community Bank pursuant to a license from MasterCard International, Inc.s